Text: H08856 Text: H08858 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, H-8261, to Senate File 466, as 1 2 amended, passed, and reprinted by the Senate, as 1 3 follows: 1 4 #1. Page 1, by striking lines 3 through 33, and 1 5 inserting the following: 1 6 "# . Page 3, line 30, by striking the word 1 7 "eight" and inserting the following: "seven voting". 1 8 # . Page 3, by striking lines 32 and 33, and 1 9 inserting the following: 1 10 " . Two public members who shall include the 1 11 following: 1 12 ( ) The secretary of agriculture or the 1 13 secretary's designee. 1 14 ( ) The director of the department of natural 1 15 resources, or the director's designee." 1 16 # . Page 3, line 34, by striking the words "Six 1 17 voting" and inserting the following: "Five". 1 18 # . Page 4, line 5, by striking the words "Two 1 19 members who are" and inserting the following: "One 1 20 member who is". 1 21 # . Page 4, by striking lines 19 and 20. 1 22 # . Page 5, by inserting after line 15, the 1 23 following: 1 24 " . Execute remediation agreements with eligible 1 25 persons as provided in section 161.9." 1 26 # . Page 5, by striking lines 20 through 22, and 1 27 inserting the following: "five percent of the fund on 1 28 the day of the year of its greatest balance or one 1 29 hundred fifty thousand dollars, whichever is less." 1 30 # . Page 5, by striking lines 33 and 34. 1 31 # . Page 6, by inserting after line 1, the 1 32 following: 1 33 " . Approve any contract with a person for 1 34 assuring that remediation is performed in accordance 1 35 with the provisions of a remediation agreement as 1 36 provided in section 161.9." 1 37 # . Page 6, line 7, by inserting before the word 1 38 "In" the following: "The department shall establish 1 39 standards based, to every degree practicable, on rules 1 40 adopted by the department of natural resources 1 41 required to clean up sites from contamination under 1 42 chapter 455H." 1 43 # . By striking page 9, line 10 through page 10, 1 44 line 32. 1 45 # . Page 11, by striking line 7, and inserting 1 46 the following: 1 47 " . Moneys in the fund are appropriated 1 48 exclusively to support". 1 49 # . Page 11, by striking lines 28 through 31, 1 50 and inserting the following: 2 1 "Sec. NEW SECTION. 161.9 REMEDIATION 2 2 AGREEMENT. 2 3 1. A person is not required to comply with the 2 4 requirements of this chapter, including the 2 5 remediation of a site, unless the person is a 2 6 responsible person who executes a remediation 2 7 agreement with the board, as provided in this section. 2 8 The remediation agreement shall provide for all of the 2 9 following: 2 10 a. The terms and conditions required to perform 2 11 remediation under a plan of remediation as provided in 2 12 this section, and the payment of claims as provided in 2 13 section 161.10. 2 14 b. A plan for remediation of a site where 2 15 contamination has been discovered. The plan shall 2 16 provide procedures for a remediation of the 2 17 contaminated site, a schedule for providing for the 2 18 remediation of the site according to remediation 2 19 standards provided in section 161.5, and the 2 20 classification and prioritization of sites as provided 2 21 in section 161.6. The plan may be amended at any 2 22 time, if approved by the department, if the amendment 2 23 to the agreement is executed by the responsible person 2 24 and the board. The plan shall be developed by the 2 25 responsible person and approved by the department for 2 26 each site subject to the agreement. The plan shall 2 27 include all of the following: 2 28 (1) A determination as to the extent of the 2 29 existing soil, groundwater, or surface water 2 30 contamination. 2 31 (2) The proximity of the contamination and the 2 32 likelihood that the contamination will affect a 2 33 drinking water well. 2 34 (3) The characteristics of the site and the 2 35 potential for migration of the contamination. 2 36 (4) Whether the site is classified as a high, 2 37 medium, or low priority site, as provided in section 2 38 161.6. 2 39 The department may require that an initial plan of 2 40 remediation be submitted prior to execution of a 2 41 remediation agreement. The department may require 2 42 that the initial plan recommend whether a site be 2 43 classified as a high or medium priority site. The 2 44 department may require further investigation be 2 45 conducted to determine the extent of the remediation 2 46 which should be conducted on the site. 2 47 2. a. The department, upon approval of the board, 2 48 may contract with a person in order to do any of the 2 49 following: 2 50 (1) Consult with the department and the board in 3 1 reviewing a remediation agreement, including but not 3 2 limited to investigating a site or recommending 3 3 approval or denial of a plan for remediation. 3 4 (2) Ensure compliance with the plan for 3 5 remediation as provided in this section. The person 3 6 may be authorized to provide a statement to a 3 7 responsible person, stating that the person is 3 8 eligible for payment of a claim submitted from the 3 9 fund as provided in section 161.10. 3 10 b. The department may execute the contract with a 3 11 private individual or entity or a state and local 3 12 government as provided in chapter 28E. 3 13 3. a. A responsible person is eligible to execute 3 14 a remediation agreement under this section, if the 3 15 board". 3 16 # . Page 12, by striking lines 25 through 31. 3 17 # . Page 13, line 2, by striking the word 3 18 "established" and inserting the following: "contained 3 19 in a remediation agreement executed by the board and 3 20 the eligible person and rules adopted". 3 21 # . Page 13, line 3, by inserting after the 3 22 words "The person" the following: "who has executed a 3 23 remediation agreement with the board and is". 3 24 # . Page 13, line 18, by striking the word 3 25 "board" and inserting the following: "department". 3 26 # . Page 13, by striking lines 25 and 26. 3 27 # . Page 14, by inserting after line 10, the 3 28 following: 3 29 " . Withholding a portion of the payment as 3 30 provided in the remediation agreement, for final 3 31 payment when the department determines that the site 3 32 has been monitored for a period necessary to ensure 3 33 that remediation has been successful." 3 34 # . By striking page 15, line 25 through page 3 35 16, line 1. 3 36 # . Page 16, line 4, by striking the figure 3 37 "1999" and inserting the following: "2000". 3 38 # . Page 16, line 5, by striking the figure 3 39 "2000" and inserting the following: "2001". 3 40 # . Page 16, line 10, by striking the figure 3 41 "1999" and inserting the following: "2000". 3 42 # . Title page, line 2, by striking the words 3 43 "providing for fees,"." 3 44 3 45 3 46 3 47 KLEMME of Plymouth 3 48 SF 466.202 78 3 49 da/gg
Text: H08856 Text: H08858 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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